Resolução da Assembleia da República n.º 19/2009 — Aprova o Acordo sobre Transporte Aéreo entre a República Portuguesa e a Ucrânia, assinado em Lisboa em 24 de Junho de…

2 - If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those standards and that other Party shall take appropriate corrective action. Failure by the other Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall constitute grounds for the application of article 4 of this Agreement.

3 - As provided for in article 16 of the Convention the Parties agreed that the aircraft operated by the designated airlines of one Party on services to or from the territory of the other Party, may, while within the territory of the other Party, be the subject of a search by the authorized representatives of the aeronautical authorities of the other Party (in this article called «ramp inspection»), provided this does not cause unreasonable delay in the operation of the aircraft. Recognizing the validity of the aircraft documentation, the licences of its crew pursuant to article 33 of the Convention, the mentioned documents and licences, the condition of an aircraft and its equipment may be subject to verifying of their conformity to the safety standards established at that time, pursuant to the Convention while the search.

4 - If any ramp inspection or series of ramp inspections give rise to:

the Party carrying out the inspection shall, for the purposes of article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards pursuant to the Convention.

5 - In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by a designated airline of one Party in accordance with paragraph 3 of this article is denied by the representative of that designated airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this article exist.

6 - Each Party reserves the right to suspend or vary the operating authorization of the designated airline of the other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of the airlines' operation.

7 - Any action by one Party in relation to the designated airline of the other Party, accordance with paragraph 2 or 6 of this article, shall be discontinued once the basis for taking that action ceases to exist.

8 - With reference to paragraph 2 of this article, if it is determined that one Party remains in non-compliance with the International Civil Aviation Organization standards when the agreed time period has lapsed, the Secretary General of the International Civil Aviation Organization and the European Air Safety Agency should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

9 - If the Portuguese Republic has designated an airline whose effective regulatory control is exercised and maintained by another Member State of the European Community, than that another Member State of the European Community shall be individually responsible for adoption, exercising and compliance of safety standards and the rights of Ukraine under this article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State of the European Community and in respect of the operating authorization of that airline.

Article 16

Provision of statistics

The aeronautical authorities of one Party shall supply to the aeronautical authorities of the other Party, at their request, with such statistics as may be reasonably required for information purposes.

Article 17

Tariffs

1 - The tariffs on any agreed service shall be established by the designated airlines at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and characteristics of service. The aeronautical authorities of the Parties shall consider unacceptable tariffs that are discriminatory, unduly high or restrictive because of the abuse of a dominant position, or artificially low because of direct or indirect subsidy or support, or are predatory.

2 - The aeronautical authorities of each Party may require notification and filing of tariffs for carriage on passenger air services operated pursuant to this Agreement by a designated airline between points in the Portuguese Republic and points in Ukraine.

3 - Intervention by the aeronautical authorities of the Parties shall be limited to:

4 - If the aeronautical authorities of either Party believe that any such tariff is inconsistent with the considerations set out in paragraph 3 of this article, they shall send appropriate notice to the designated airline in question. The aeronautical authority sending this notice may request consultations with the aeronautical authorities of the other Party, and in doing so shall notify the other Party of the reasons for its dissatisfaction. Such consultations shall be held not later than fourteen (14) days after receipt of the request. If no agreement is reached, the decision of the aeronautical authorities of the Party where travel originated shall prevail. The aeronautical authorities of this Party may use the rights specified in article 4 of this Agreement.

5 - Notwithstanding the provisions of this article, the tariffs to be charged by the designated airlines of both Parties for carriage wholly within the European Community shall be subject to European Community law.

Article 18

Consultations

1 - In order to ensure close cooperation concerning all the issues related to the interpretation and application of this Agreement, the aeronautical authorities of each Party shall consult each other on request of either Party.

2 - Such consultations shall begin within a period of forty five (45) days from the date the other Party has received the written request.

Article 19

Amendments

1 - If either Party considers it desirable to amend any provision of this Agreement, it may at any time request consultation to the other Party. Such consultation, shall begin within a period of sixty (60) days from the date the other Party has received the written request.

2 - Any amendment to this Agreement shall be made through a legal instrument which shall enter into force pursuant to article 21 of this Agreement.

Article 20

Settlement of disputes

1 - Disputes relating to the interpretation or application of the provisions of this Agreement shall be settled by negotiations between the Parties.

2 - If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some entity, or the dispute may at the request of either Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Party and the third to be appointed by the two so nominated.

3 - Each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other of a notice through diplomatic channels requesting arbitration, and the third arbitrator shall be appointed within a further period of sixty (60) days.

4 - If either of the Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

5 - The Parties undertake to comply with any decision given under paragraph 2 of this article.

6 - If and so long as either Party or the designated airlines of either Party fail to comply with the decision given under paragraph 2 of this article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.

7 - Each Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Parties.

Article 21

Entry into force

This Agreement shall enter into force on the thirtieth day after the date of the receipt of the last notification by the Parties, through diplomatic channels, on the completion of internal legal procedures necessary for entry into force of this Agreement.

Article 22

Duration and termination

1 - This Agreement shall remain in force for an undetermined period.

2 - Each Party may, at any time, terminate this Agreement.

3 - The termination must be notified to the other Party and, simultaneously, to the International Civil Aviation Organisation, producing its effects twelve (12) months after the receipt of the notification by the other Party.

4 - In case of failure of information to the other Party of the receipt of the notification, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organisation.

Article 23

Registration

This Agreement and any amendment thereto shall be registered with the Secretary General of the United Nations and the International Civil Aviation Organization by the Party in the territory of which the signature will take place.

In witness whereof the undersigned, duly authorized thereto, have signed this Agreement.

Done at Lisbon this 24th day of June two thousand and eight, in duplicate in the Portuguese, Ukrainian and English languages, all the texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

For the Portuguese Republic:

Luís Amado, Minister of State and Foreign Affairs.

For Ukraine:

Volodymyr Gryzko, Minister of Foreign Affairs.

ANNEX 1

Section 1

Routes to be operated in both directions by the designated airlines of the Portuguese Republic:

Points in Portugal - intermediate points - Kyiv - points beyond.

Section 2

Routes to be operated in both directions by the designated airlines of the Ukraine:

Points in Ukraine - intermediate points - Lisbon - points beyond.

Notes

1 - The designated airlines of each Party may on any or all flights omit stops at any of the intermediate points and/or points beyond mentioned above provided that the agreed services on the route begin or end in the territory of the Party which has designated the airline.

2 - The designated airlines of each Party may select any intermediate points and/or points beyond at its own choice and such points may be changed in the next season on condition that no traffic rights are exercised between those points and the territory of the other Party, subject to preliminary agreement between the aeronautical authorities of both Parties.

3 - The exercise of the fifth freedom traffic rights on the specified intermediate points and/or points beyond shall be subject to agreement between the aeronautical authorities of both Parties.

ANNEX 2

List of other States referred to in article 3 and article 4 of this Agreement

([ver documento original](https://files.diariodarepublica.pt/1s/2009/03/05700/0182101839.pdf))